Bill Text: CA AB2847 | 2019-2020 | Regular Session | Amended
Bill Title: Firearms: unsafe handguns.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 292, Statutes of 2020. [AB2847 Detail]
Download: California-2019-AB2847-Amended.html
Amended
IN
Assembly
May 04, 2020 |
Introduced by Assembly Member Chiu |
February 20, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, Proposition 69, approved by voters at the November 2, 2004, general election, requires a person who has been convicted of a felony offense, among others, to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law imposes these requirements regardless of when the crime charged or committed became a qualifying offense. Proposition 69 may be amended by a statute that is passed by a majority vote if the amendments are consistent with, and further the purposes of, the proposition.
This bill would make technical, nonsubstantive changes to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 31910 of the Penal Code is amended to read:31910.
As used in this part, “unsafe handgun” means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:(6)Commencing January 1, 2006, for all rimfire semiautomatic pistols that are not already listed on the roster pursuant to Section 32015, it does not have a magazine disconnect mechanism, if it has a detachable magazine.
(7)
SEC. 3.
(a) The Department of Justice may adopt emergency regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this act. The initial adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.(a)The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required pursuant to this chapter for law enforcement identification analysis:
(1)A person, including a juvenile, who is convicted of or pleads guilty or no contest to a felony offense, or is found not guilty by reason of insanity of a felony offense, or a juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing a felony offense.
(2)An adult person who is arrested for, or
charged with, any of the following felony offenses:
(A)A felony offense specified in Section 290 or attempt to commit a felony offense described in Section 290, or a felony offense that imposes upon a person the duty to register in California as a sex offender under Section 290.
(B)Murder or voluntary manslaughter, or an attempt to commit murder or voluntary manslaughter.
(C)Commencing on January
1, 2009, an adult arrested or charged with a felony offense.
(3)A person, including a juvenile, who is required to register under Section 290 or 457.1 because of the commission of, or the attempt to commit, a felony or misdemeanor offense, or
a person, including a juvenile, who is housed in a mental health facility or sex offender treatment program after referral to the facility or program by a court after being charged with a felony offense.
(4)The term “felony” as used in this subdivision includes an attempt to commit the offense.
(5)This chapter does not prohibit collection and analysis of specimens, samples, or print impressions as a condition of a plea for a non-qualifying offense.
(b)The provisions of this chapter and its requirements for submission of specimens, samples, and print impressions as soon as administratively practicable applies to all qualifying persons regardless of sentence imposed, including a sentence
of death, life without the possibility of parole, or a life or indeterminate term, or any other disposition rendered in the case of an adult or juvenile tried as an adult, or whether the person is diverted, fined, or referred for evaluation, and regardless of disposition rendered or placement made in the case of juvenile who is found to have committed a felony offense or is adjudicated under Section 602 of the Welfare and Institutions Code.
(c)The provisions of this chapter and its requirements for submission of specimens, samples, and print impressions as soon as administratively practicable by qualified persons as described in subdivision (a) shall apply regardless of placement or confinement in a mental hospital or other public or private treatment facility, and shall include, but not be limited to, the following persons, including
juveniles:
(1)A person committed to a state hospital or other treatment facility as a mentally disordered sex offender under Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(2)A person who has a severe mental disorder as set forth in Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code.
(3)A person found to be a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(d)The provisions of this chapter are mandatory and apply whether or not the court
advises a person, including a juvenile, that the person must provide the data bank and database specimens, samples, and print impressions as a condition of probation, parole, or a plea of guilty, no contest, or not guilty by reason of insanity, or an admission to any of the offenses described in subdivision (a).
(e)If at any stage of court proceedings the prosecuting attorney determines that specimens, samples, and print impressions required by this chapter have not already been taken from a person, as defined under subdivision (a), the prosecuting attorney shall notify the court orally on the record, or in writing, and request that the court order collection of the specimens, samples, and print impressions required by law. However, a failure by the prosecuting attorney or any other law enforcement agency to notify the court shall
not relieve a person of the obligation to provide specimens, samples, and print impressions pursuant to this
chapter.
(f)(1)Prior to final disposition or sentencing in the case, the court shall inquire and verify that the specimens, samples, and print impressions required by this chapter have been obtained and that this fact is included in the abstract of judgment or dispositional order in the case of a juvenile. The abstract of judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state’s DNA and Forensic Identification Data Base and Data Bank program and be subject to this chapter.
(2)Failure by the court to verify specimen, sample, and print impression collection or enter these facts in the abstract of judgment or dispositional order in
the case of a juvenile does not invalidate an arrest, plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter.